In The Matter of: CONTRACTOR TECHNOLOGY LTD. Debtor -------------------- CIPRIANO… v. Ronald Jsommers

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 23, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Summary Calendar
No. 06-20978
In The Matter of: CONTRACTOR TECHNOLOGY LTD.
Debtor
--------------------
CIPRIANO G VARELA, doing business as Gube Trucking
Plaintiff - Appellant
v.
RONALD J SOMMERS
Defendant - Appellee
--------------------
Appeal from the United States District Court
for the Southern District of Texas, Houston
USDC No. 4:06-CV-2477
--------------------
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
We affirm the district court’s judgment affirming the
bankruptcy court’s judgment avoiding unauthorized post-petition
transfers under 11 U.S.C. § 549 in the amount of $85,456.35.
Both courts correctly concluded that the funds held in the
debtor’s bank account on the petition date were property of the
estate under 11 U.S.C. § 541 because, at a minimum, legal title
to the funds was held by the debtor. The plaintiff-appellant’s

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No. 06-20978
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assertion that the funds at issue were trust funds under the
Texas Trust Fund Statute and therefore excludable from property
of the estate is, as the trustee argues, premature. The issue of
whether a trust exists and the identity of its beneficiaries
remains to be litigated. The plaintiff-appellant will have his
day in court on that issue. The other matter that the plaintiff-
appellant would like to pursue is whether the funds at issue were
held by the debtor “as of the commencement of the case.” That
question, which is fact-intensive, was not raised in the
bankruptcy court and is not properly before us.
AFFIRMED.

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